African Union Legal Instrument 5. In cases of emergency, where the processing or use of personal data results in violation of fundamental rights and freedoms, the national protection authority may, after adversary proceedings, decide as follows: a) b) c) 6. P a g e | 20 Discontinuation of data processing; Blocking of some of the personal data processed; Temporary or permanent prohibition of any processing at variance with the provisions of this Convention. The sanctions imposed and decisions taken by national protection authorities are subject to appeal. Section III: Obligations processing Article 13: relating to conditions governing personal data Basic principles governing the processing of personal data Principle 1: Principle of consent and legitimacy of personal data processing Processing of personal data shall be deemed to be legitimate where the data subject has given his/her consent. This requirement of consent may however be waived where the processing is necessary for: a) Compliance with a legal obligation to which the controller is subject; b) Performance of a task carried out in the public interest or in the exercise of official authority vested in the controller or in a third party to whom the data are disclosed; c) Performance of a contract to which the data subject is party or in order to take steps at the request of the data subject prior to entering into a contract; d) Protect the vital interests or fundamental rights and freedoms of the data subject. Principle 2: Principle of lawfulness and fairness of personal data processing The collection, recording, processing, storage and transmission of personal data shall be undertaken lawfully, fairly and non-fraudulently. Principle 3: Principle of purpose, relevance and storage of processed personal data a) Data collection shall be undertaken for specific, explicit and legitimate purposes, and not further processed in a way incompatible with those purposes;

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